Apple DRM Trial Now Hinges On Mystery iPod As Plaintiff Dismissed

Outrage by proxy, maybe? A plaintiff in the Apple DRM lawsuit was withdrawn by their attorney today after it was discovered neither of the two plaintiffs named in the suit actually had an iPod that deleted music. As we noted previously, the Judge in the case, Yvonne Gonzalez Rogers, was "concerned" about the lack of a true plaintiff. In one of the two plaintiffs being pulled, the other — who is in a similar circumstance — is also likely to pull out.

The iPods in question regarding this Apple DRM lawsuit were those purchased from September 12, 2006 through March 31, 2009. Plaintiff Marianna Rosen's iPod serial number indicates she purchased hers in July of 2009, though she claims to have bought it a full year earlier.

Rosen still remains a plaintiff, though it's not yet clear if the Judge will allow her to continue as such. The plaintiff pulled by attorneys, Melanie Tucker, purchased her iPod in 2005, a full year before the DRM/iPod scuffle was alleged to have taken place.

Apple has asked that the lawsuit be dismissed as a result. In their filing, Apple lawyers said "Ms. Rosen's trial testimony with regard to her alleged purchase of the two iPods in 2007 and 2008 was not credible".

Lead attorney for the plaintiffs, Bonny Sweeney, told the Judge a mysterious third iPod exists, and was purchased by Rosen in 2008.

Sweeney is set to respond in full Monday, and will likely produce the iPod in question at that time. The Judge has yet to rule on Apple's motion to dismiss.

Source: The New York Times